Back
KRISHAN PAHAL
Vinod Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. List has been revised. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record.
2. Heard Sri Arun Kumar Singh, learned counsel for the applicant and Sri Girish Tiwari, learned counsel for the opposite party nos.2 & 3 as well as Sri Varun Pratap Singh, learned A.G.A. for the State and also perused the record.
3. The instant bail cancellation application has been filed by the applicant assailing the order dated 08.06.2023 passed by learned Sessions Judge, Rampur whereby learned Court concerned after withdrawal of first anticipatory bail application on 07.06.2023, has allowed the Second Anticipatory Bail Application No. 905 of 2023, u/s 420, 467, 468, 471, 386, 397, 115, 323, 504, 506 of IPC, Police Station-Kotwali, District-Rampur in Complaint Case No.5206 of 2022.
4. The submission of the learned counsel for the applicant is that the impugned order dated 08.06.2023 has been obtained by the opposite party nos. 2 & 3 by playing fraud with the court as they had concealed their criminal history which is evident from para-3 of the said order dated 08.06.2023. Learned counsel has placed reliance on Section 44 of the Indian Evidence Act and for
Concealment of criminal history while obtaining a bail order is not sustainable under Section 44 of the Indian Evidence Act.
A judgment obtained by fraud may be set aside under Section 44 of the Indian Evidence Act.
The court emphasized the necessity of disclosing criminal antecedents in bail applications, particularly for legal professionals, and upheld the clean hands doctrine in the context of anticipatory ba....
A party seeking relief from the court must disclose all material facts and cannot benefit from suppressing information; anticipatory bail is not maintainable if the applicant is already in custody.
The necessity for demonstrable evidence of bail misuse is essential for cancellation of bail.
Concealment of criminal antecedents alone does not justify bail cancellation without evidence of misuse.
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
